THE CRIMINAL COURT SYSTEM

The Participants

BURDEN OF PROOF

2 Fundamental Principles:• Accused is innocent until proven

guilty.

• Guilt must be proved beyond reason doubt.

THE JUDGE

Controls admission of evidence

Controls the trial

Instructs jury

Sentences the convicted person

“Trier of law”

JUSTICE OF THE PEACE

Has less authority than a judge.

Can issue arrest warrants, search

warrants, bail hearings.

THE ACCUSED

The person charged with committing

a criminal offence.

Often called the defendant

COUNSEL

Duty Counsel – lawyer on duty in police station or

courtroom who gives free advice to the person just

arrested.

Defence Counsel – the lawyer who represents the

accused on trial. Public defender will help those

who cannot afford a lawyer.

THE PROSECUTION

Crown Attorney (Prosecutor) – the

lawyer who represents the government

WHO ELSE MIGHT BE AT THE TRIAL?

Court Clerk – Assists the judge

Court Reporter – types everything said in the court

Transcript – typed record of every said in the court

Court Security officer – maintains security in the

court

Sheriff – manages the jury

Bailiff – assist the sheriff

THE WITNESSES

Witnesses give evidence under oath.

Subpoenas are court documents requiring the witness

to appear in court on a certain date. (in Pineapple

Express, Seth Rogen delivered subpoenas as a job)

Perjury – knowingly making false statements in court

while under oath. • Perjury is serious – so serious it could put you in

jail for 14 years.

THE JURY

A jury is a group of 12 men or women

chosen by the crown and the defense

counsel. They will decide, beyond a

reasonable doubt, whether or not the

accused is guilty. Their decision must be

unanimous.